Legal Question in Criminal Law in California

If California law requires a trial judge to impanel plaintiffs on the jury is that fraud upon the court?


Asked on 10/25/19, 11:50 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You question is quite unclear.

Your statement that "California law requires a trial judge to impanel plaintiffs on the jury" is not a correct statement of the law. Quite the opposite.

A 'plaintiff' who is by definition a Party to the case, obviously can NOT be on the jury on that case.

If you mean that someone related to a party, or otherwise 'secretly' involved in the case somehow, is allowed to become a jury, over the objection of one of the attorneys, that would be grounds fora Motion, mistrial, appeal, or other relief if brought in a timely manner.

If a prospective juror lies or withholds information about his 'bias' or connection to the case, he would be removed if discovered before the trial ends, possibly punished for his misconduct.

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Answered on 10/27/19, 3:51 pm


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